Somodio v. Court of Appeals [G.R. No. 82680] Case Digest

 

Somodio v. Court of Appeals

G.R. No. 82680

 

 

Facts:

Jose Ortigas executed an instrument designated as a Transfer of Rights, conveying to Wilfredo Mabugat the possession of a residential lot situated at General Santos City. Nicanor Somodio, herein petitioner, contributed one-half of the purchase price. Mabugat executed an Affidavit of Trust expressly recognizing the right of petitioner over one-half undivided portion of the lot. Petitioner and Mabugat partitioned the property into two portions, with petitioner taking the western part. Immediately after the partition, petitioner took possession of his portion and planted thereon trees and fruits.

Petitioner allowed respondent Felomino Ayco, to transfer his hut to petitioner's lot. About six years later, petitioner demanded that Ayco vacate the premises but such demand proved futile. Petitioner filed an action for unlawful detainer with damages against respondent Ayco before the MTC, General Santos.  Respondent Ebenecer Purisima entered the land and constructed a house thereon.

Respondent Purisima contended that his father, a geodetic engineer, had surveyed the parcel of land comprising of Lots Nos. 6427 and 6328 for the Small Farmers Fishpond Association, Inc. His father's survey plan was approved by the Director of Lands in 1960.

MTC rendered decision in favor of Petitioner.  RTC affirmed in toto the decision of the Municipal Trial Court. CA reversed the decision of MTC and RTC.

 

Issue:

Whether or not the Petitioner enjoyed priority of possession over the lot.

 

Held:

Yes.

 

Ratio:

Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said that he is in possession (Ramos v. Director of Lands, 39 Phil. 175 [1918]). It is sufficient that petitioner was able to subject the property to the action of his will.